[Copyrighted Material Omitted]
Criminal
prosecution upon two indictments, charging defendant in No
731 with murder of Cora Lee Utley and in No. 732 with murder
of J.T. Collins, consolidated by consent for purpose of trial
and tried together. See State v. Grass, N.C., 25
S.E.2d 193, at this term.
Upon
the trial below the State offered evidence tending to show
that on morning of July 24, at time homicide in question
occurred, "a picking crew", composed of Cora Lee
Utley, age 24 years, wife of defendant, J.T. Collins, age 21
years, brother of Cora Lee Utley, Willa Meta Pugh, age 18
years, Elco Covington, who married niece of Cora Lee Utley
and perhaps others, under C.A. Campbell as foreman, were
picking peaches at the Montgomery Orchard; that defendant
armed with a butcher knife, the blade of which was 12 to 14
inches long, came into the orchard and approached "the
crowd"; that J.T. Collins asked defendant if he wanted a
job, to which defendant replied, "No, I believe
not", "No", or "No, there isn't
enough of them for me", as variously stated by
witnesses, and that defendant immediately assaulted J.T.
Collins, and then Cora Lee Utley, inflicting wounds from
which they died.
Elco
Covington, as witness for the State, described the occurrence
in this manner: "I saw James Utley come down one of the
peach rows toward where the crowd was picking. Cora Lee was
picking and J.T. and the other girl was picking another row
above them. J.T. moved up to the other side and asked James
Utley if he wanted a job. Utley said 'No, I believe
not'. Then J.T. moved to another tree. James, the
defendant, walked from the tree he was at and did like that
and walked by J.T. like he was going to back up, and when he
did he grabbed J.T. in the back of his belt and stabbed J.T.
in the side with a butcher knife *** in the right side, and
if J.T. was doing anything or saying anything, I did not hear
it. *** J.T. went across the orchard. I saw him catch the
pick-up. He was bleeding in the side. I did not see him any
more. James pulled around the tree and went to his wife, Cora
Lee. Cora Lee ran to Mr. Campbell, and he ran
after her. She tripped and fell, and when she did, I seen
James stab her through her arm with a butcher knife. He ran
12 or 15 feet after Cora Lee. *** I next saw her standing up
and James had walked off and she said he had killed her and
fell back on the peach tree ***. I heard him (defendant) ask
Mr. Alex Campbell if she was dead and he told him Yes. He
said if she wasn't he was going to finish her. Mr. Alex
caught him on the shoulder and told him not to do that he had
done enough. Cora Lee did not strike at the prisoner at the
time he stabbed her, and had no weapon in her hand, and I did
not see any weapon in J.T. Collins' hand. Cora Lee died
under the peach tree in about twelve minutes after she was
stabbed ***. James made no effort to render any assistance
after he stabbed her ***. I was about 18 feet away when James
caught J.T. and about 12 feet when he caught Cora Lee ***. I
did not see J.T. pull a knife from his pocket and did not see
James get cut on the thumb."
Willa
Meta Pugh, also witness for State, gives this version:
"I was in the orchard and saw James when he walked in
the field. He stood in the row opposite the tree where we
were picking, and J.T. asked him if he wanted a job, and
James said No. When J.T. turned his back James grabbed him
and stabbed him one time. He pulled the knife out of Collins
and ran over to where his wife was; then he chased her around
the tree and she fell, or he knocked her down, and then he
stabbed her five or six times while she was on the ground.
She did not say anything ***. James did not say anything
after he stabbed his wife; he left and went down behind the
pick-up. He came back after she fell and wanted to know
whether she was dead or not. He asked Mr. Campbell *** said
if she wasn't he was going to finish her. Cora Lee was
not quite dead *** she died a few minutes later. J.T. Collins
left
after he was stabbed ***. Collins did not
attempt to do anything to James, and I did not see Collins
have any weapon. When James stabbed his wife *** she had no
weapon and I heard him say nothing prior to time he stabbed
her ***. I was standing between J.T. and Cora Lee and saw
James when he struck at J.T. J.T. had nothing in his hand; I
could have seen it if he had had one."
C.A.
Campbell, also witness for State, gave this narrative of the
occurrence: "I saw James walking in the field ***. James
said 'You are picking peaches?' I said 'Yes'.
He said, 'They are right pretty'. I said
'Yes'. He said 'What kind art they?' I said,
'Elbertas'. I was very close to him at the time. Some
one asked him if he did not want a job. He said, 'No,
there isn't enough of them for me'. Cora Lee came
running around me and James ran against me running. I said,
'Here, don't do that, don't do that'. She ran
in front of me and stumbled and fell face foremost. She
rolled over right quick and he ran and dropped
down on her with his knee on her and stabbed her one time
through the right arm, and then *** I saw him stab her five
times. J.T. ran around there and grabbed up a peach basket
with about a gallon of peaches and hit James with it, and
James jumped up and said, 'I will finish you'. They
ran out 18 feet away and J.T. grabbed a peach limb off a dead
peach tree and struck at James. At this time my son-in-law
came by on a pick-up and J.T. caught the back end and went
off. James ran the pick-up down the field 35 or 40 yards and
then he turned around and came walking back to where I was
standing. 'Cap, I am sorry I done it, but I had to do
it', he said, 'Those damn Collins' have been
running over me for the last ten years'. I said,
'James, you have done the wrong thing'. He said,
'Do you know where I can get the law?' I said,
'They will be here in a few minutes'. He said, 'I
will walk on down and wait for them'. He said, 'If
she ain't dead, I will finish her'. I said,
'James you have done plenty'. *** I didn't see
what occurred between J.T. and James before he got to his
wife. I had my back to them, and I did not hear anything at
all except what James said to me ***. James was arrested
about 500 yards from where the killing took place. So far as
I know he made no effort to get away."
Sheriff
Bruton, who arrested defendant, described the wounds on the
body of Cora Lee Utley as "one at the shoulder, three
cuts in the right arm, one right above the hip, two stabs in
the back a little to the right of the back bone that were to
the hollow *** seven *** altogether", and those on the
body of J.T. Collins, as "one cut across the stomach
about 6 inches long that went to the hollow"; and
"a stab wound on the right side of the stomach; it went
to the heart. They appeared to have been made with a
knife."
On
the other hand, defendant, after testifying that he married
Cora Lee Collins in 1934, that he had been assaulted and
threatened by J.T. Collins on several occasions; and that on
the night before the homicide he upbraided his wife for her
conduct with a man, whom he saw that night but did not know
related this story of happenings on the night before and at
the time of the homicide: "I shaved and went back to my
wife's father's house. They were all sitting on the
porch. When I sat down on the porch, J.T. got up and went
through the house and asked what was that I put in the water
bucket. I told him I hadn't been in the house. J.T. had a
double-barrel gun and I told him I had not been in the house.
I was pleading for my life, and his sister told him that I
had not been in the house and was pleading for my life. His
sister took it away from him and later on that night they
went to bed. I stayed on the porch until about 3 o'clock.
J.T. took the gun in the room with him and slept with it
across his bed. I was frightened and did not sleep. The next
morning my wife asked me to come to the peach
farm where she was so that we might talk this thing over, and
the next morning I went to the peach orchard where they were.
I admit being afraid of J.T. I went there with the intention
of apologizing to J.T. and to get my wife so that we could
live together. I didn't go there with the intention to
kill or hurt anybody. I had never had that in mind **. When I
got to the farm J.T. asked me if I wanted a job. I told him
there was not enough to pick. I said: 'J.T., I come to
apologize to you about drawing a gun on me'. He said,
'Tonight you won't only get it drawn on you, you will
get shot'. I was afraid of him, to tell you the truth
about it. I grabbed him with this hand (indicating). He ran
his right hand in his pocket and made a swipe at my neck
with
a knife. I grabbed his hand and he split my
finger ***. When he cut me on the finger, I cut him. When I
looked around, my wife was coming at me with a peach bag
drawing back like that (indicating). I do not know whether
she meant to hit me or not. At that time I guess I was a
little madder than I should have been. I don't know how
many times I cut her,--and then I went on down the road and
sat down. I went *** and got a cloth and wrapped my thumb
up." Then on cross-examination, defendant continued:
"I have been cooking *** in Greensboro ***. I came back
with the intention to take my wife. Me and my wife had a big
argument the night before and I slept across the bed. She
left the house about 8 o'clock and I left *** about 10
o'clock. She didn't strike me with anything, but when
I turned around, she was in arm's reach with a peach bag
drawed back ***. I got the knife on the porch at Robert
Collins' (father of Cora Lee, at whose home he had spent
the night) ***. I was not drinking. I am right-handed and...
